Houston Licensing Agreement Attorneys

Texas Lawyers Drafting, Defending, and Enforcing Licensing Agreements

Your intellectual property is valuable – but without the right licensing agreement, you risk losing control of your technology, trademarks, or proprietary processes while someone else profits from your innovation. 

At Hendershot Cowart P.C., we draft, negotiate, and enforce licensing agreements that protect your intellectual property rights while enabling profitable business relationships. 

Our Licensing Agreement Legal Services

Whether you're licensing intellectual property or dealing with an alleged violation, we provide comprehensive legal services for Texas businesses:

• Draft customized licensing agreements. We create agreements tailored to your specific intellectual property, industry requirements, and business objectives – not generic templates that leave critical gaps in protection.
• Review and analyze proposed agreements. Before you sign, we identify unfavorable terms, hidden risks, and provisions that could compromise your intellectual property rights or business interests. We explain the strategic and financial implications of each provision so you can make informed decisions. 
• Negotiate favorable terms. This includes redlining existing agreements, proposing alternative language that better protects your position, and engaging directly with the other party or their counsel to reach mutually beneficial terms. We also document verbal agreements in writing to ensure enforceability. 
• Defend against breach claims. If you're being sued for alleged licensing agreement violations, we develop and execute defense strategies that challenge the validity of breach claims, assert affirmative defenses, demonstrate your compliance, and negotiate favorable settlements when appropriate. 
• Enforce your licensing rights. If the other party has breached your licensing agreement through non-payment, unauthorized use, or quality control failures, we help you make strategic decisions about enforcement options and, when necessary, represent you in court to recover damages, terminate the license, or obtain injunctive relief.

Don't sign a licensing agreement without legal review. Call (713) 528-8793 or contact us online to protect your intellectual property and business interests.

Licensing Agreements Across Texas Industries 

Our licensing agreement attorneys serve clients across industries:

• Technology & Software Companies: We represent SaaS platforms, software developers, and technology startups in licensing their innovations while protecting source code, algorithms, and proprietary methods.
• Healthcare & Life Sciences: Our healthcare attorneys handle medical device licensing, pharmaceutical patent agreements, healthcare technology platforms, and research collaboration arrangements. 
• Energy & Industrial: We draft technology licensing agreements for oil and gas companies, including drilling technology, processing methods, and proprietary equipment. 
• Manufacturing & Consumer Products: From trademark licensing for consumer brands to patent licensing for manufacturing processes, we help Texas manufacturers monetize their intellectual property.

Protecting Your Interests Through Comprehensive Licensing Agreements

A well-drafted licensing agreement protects both parties while enabling successful commercialization of intellectual property. 

Core provisions of an enforceable licensing agreement in Texas include:

• Scope and Exclusivity. We clearly define whether the license is exclusive, non-exclusive, or sole, preventing future disputes over competitive use. Our attorneys help you understand the strategic and financial implications of each type and negotiate terms that align with your business objectives. 
• Territory and Geographic Restrictions. We specify the precise geographic area where the license applies, whether that's a city, state, country, or worldwide territory. For complex arrangements involving multiple jurisdictions, we structure geographic limitations that protect your market position while enabling the licensee's business operations.
• Term, Renewal, and Termination. Our attorneys draft or review provisions governing the license duration, automatic renewal conditions, early termination rights, and post-termination obligations. We include specific triggers for termination, notice requirements, and what happens to inventory, marketing materials, and derivative works when the agreement ends.
• Financial Terms and Royalty Structure. We negotiate and document all financial arrangements, including upfront fees, ongoing royalties, minimum guarantees, advance payments against royalties, audit rights, and payment schedules. 
• Quality Control and Brand Protection. To protect your intellectual property and reputation, we draft comprehensive quality control provisions specifying manufacturing standards, approval processes for licensed products or services, inspection rights, and remedies for quality failures.

Questions about a licensing agreement? Call (713) 528-8793 or contact us online to discuss your situation with our Houston licensing agreement attorneys.

Why Professional Legal Counsel Matters for Licensing Agreements 

Generic online templates and DIY agreements create more problems than they solve:

• Ambiguous terms that lead to costly disputes over scope, territory, or payment obligations
• Missing provisions that leave your intellectual property vulnerable to misuse
• Failing to anticipate future scenarios, like corporate acquisitions, bankruptcy, or changing market conditions
• Unenforceable restrictions that can't be upheld in Texas courts 
• Hidden risks in proposed agreements that could cost you millions 
• Compliance gaps that expose you to regulatory violations or criminal liability 

The cost of professional legal drafting is minimal compared to the potential cost of licensing disputes, lost revenue, or compromised intellectual property rights.

Licensing Agreement Claims and Disputes 

When a party violates a licensing agreement, swift action is essential. We help both licensors and licensees enforce their contractual rights and defend against breach claims through strategic negotiation or aggressive litigation.

Enforcing Your Rights as a Licensor
When licensees violate quality control standards, fail to pay royalties, exceed territorial limits, or misuse your intellectual property, we pursue all available remedies:

• Negotiate resolution through direct communication or formal notice of default, preserving valuable business relationships when possible
• Breach of contract claims for material breaches, seeking damages for unpaid royalties, lost profits, and other financial harm
• Injunctive relief to immediately stop unauthorized use of your intellectual property
• Termination of the license and recovery of all licensed materials and derivative works
• Copyright, patent, or trademark infringement claims when licensees exceed the scope of their license
• Accounting and audits to uncover unreported sales or royalty underpayments

Many licensing agreements include specific dispute resolution procedures – such as mandatory mediation or arbitration – that must be followed before litigation. We navigate these contractual requirements while protecting your position, whether through negotiation, formal dispute resolution, or court action. 

No matter what path you take to resolution, it’s a good idea to have an experienced licensing agreement attorney at your side. 

Defending Against Licensing Agreement Claims
If you're accused of breaching a licensing agreement, we provide aggressive defense strategies:

• Challenge the validity of overly broad or unenforceable license restrictions
• Demonstrate compliance through documentation and evidence of your authorized use
• Assert affirmative defenses such as licensor breach, waiver, or estoppel
• Negotiate favorable settlements that allow you to continue using licensed intellectual property
• Counterclaim for licensor breaches including failure to maintain intellectual property rights or provide promised support

Facing a licensing agreement dispute? Don't wait for the problem to escalate. Call (713) 528-8793 or contact us online immediately to discuss your enforcement or defense options.

When to Contact a Licensing Agreement Attorney Immediately 

Don't wait until a dispute escalates into costly litigation. Contact our attorneys immediately if: 

• You've received a licensing agreement to sign and don't fully understand the terms 
• You're considering licensing your intellectual property and need proper protections 
• You suspect a licensee is violating your agreement or underpaying royalties 
• You've been accused of breaching a licensing agreement 
• You're negotiating a complex technology transfer or patent licensing deal 
• Your business is being acquired and licensing agreements need to be assigned or renegotiated

The sooner you involve legal counsel, the better we can protect your position. Call (713) 528-8793 or contact us online for a consultation about your licensing agreement matter.

Licensing Agreement FAQs

What kinds of intellectual property can be licensed?

There are four categories of legally protected intellectual property:

• Works protected by copyright, like books, music, movies, software, etc. Under the federal Copyright Act, creators have the exclusive right to reproduce, distribute, perform, display their works, and prepare derivative works (with a few exceptions that fall under “fair use”). They can also license others to do the same. 
• Patented works, like software algorithms, medical devices, machines, and so on. The federal Patent Act protects patented works, and patent owners may license others to use their works.
• Trademarked works, like logos, phrases, and other branding. Federal and state laws protect owners of trademarks, and owners may license them. 
• Trade secrets, like formulas, patterns, methods, etc., can be licensed and are protected in Texas by the Texas Uniform Trade Secrets Act. 

What constitutes a violation of a licensing agreement?

Any action that does not comply with the licensing agreement may be a violation. Common examples:

• Licensee fails to pay royalties as agreed
• Licensee uses licensed material in a way that was not authorized, or after the license has expired
• Licensee allows an unauthorized third party to use the material
• Licensor does not honor exclusivity agreement and licenses the material to another party
• Licensee violates the quality control provisions of the contract

Not all violations warrant immediate litigation. We help you assess the severity of potential breaches and recommend the most effective response to protect your business.

What's the difference between a licensing agreement and a franchise agreement?

Franchise agreements are much broader than licensing agreements. A franchisee buys an entire business model and associated branding, down to the smallest detail (think fast food franchises). The franchisor typically exercises significant control over the franchisee’s business. 

Licensing agreements, in contrast, usually cover only a few aspects of the licensee’s business. For example, a clothing manufacturer might license a football team’s logo and branding to create a line of official merchandise, but other aspects of the business would be unaffected. 

Protect Your Intellectual Property with Strategic Licensing Agreements

Whether you're drafting your first licensing agreement or enforcing an existing one, our attorneys provide the experienced guidance needed to protect your intellectual property and business interests.

Call (713) 528-8793 or contact us online to schedule a consultation with our licensing agreement attorneys today.